Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revised Good Engineering Practice Stack Height Regulations

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA9-7-5473; FRL-5052-4]

Approval and Promulgation of Air Quality Implementation Plans;

Virginia; Revised Good Engineering Practice Stack Height Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the Commonwealth of Virginia. This revision establishes

that the degree of emission limitation required for the control of any

air pollutant is not affected by that portion of the stack height which

exceeds good engineering practice (GEP) or by any other dispersion

technique. The revision is consistent with the stack height provisions

under EPA's ``Requirements for Preparation, Adoption and Submittal of

Implementation Plans--Control Strategy.'' The intended effect of this

action is to approve a SIP revision consisting of a stack height

regulation adopted by the Commonwealth of Virginia. This action is

being taken under section 110 of the Clean Air Act.

EFFECTIVE DATE: This final rule will become effective on September 22,

1994.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

Air, Radiation, and Toxics Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania

19107; the Air and Radiation Docket and Information Center, U.S.

Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460; and Virginia Department of Environmental Quality, 629 East Main

Street, P.O. Box 10089, Richmond, Virginia 23240.

FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 597-1325.

SUPPLEMENTARY INFORMATION: On October 19, 1987 (52 FR 38787), EPA

published a notice of proposed rulemaking (NPR) for the Commonwealth of

Virginia. The NPR proposed approval of revisions to parts I, IV and V

of Virginia's Regulations for the Control and Abatement of Air

Pollution governing numerous revisions including good engineering

practice (GEP) stack height provisions. No public comments were

received on the NPR. The formal SIP revision had been submitted to EPA

by Virginia on May 12, 1986. Virginia had adopted this regulation to

conform to the July 8, 1985 promulgation of the revised GEP stack

height regulation.

Virginia's SIP revision request consists of amendments to its

regulations that restrict the degree to which industrial sources of air

pollution may rely on dispersion pollution, using tall smoke stacks and

other techniques as substitutes for constant emission controls.

Revisions to Part I--Definitions

Revised

Dispersion Technique, Elevated Terrain, Excessive Concentrations,

GEP Stack Height, Nearby, Stack, Stack in Existence

Deleted

Elevated Terrain, Plume Impaction

Revisions to Part IV--Control of Emissions from Existing Sources

REVISED REGULATION: Section 120-02-04I.

The amended provisions reflect the revised the definition of the

term ``GEP stack height.'' The amended provisions also specifically

exempt the following classes of sources:

1. Stack heights in existence as of 12/31/70, except where

pollutants are being emitted or using dispersion techniques which were

constructed, reconstructed, or carried out after 12/31/70.

2. Coal-fired steam electric generating units subject to the

provisions of section 118 of the Clean Air Act, which commenced

operation before 7/1/57, and whose stacks were constructed under a

contract awarded before 2/8/74.

Revisions to Part V--New and Modified Sources

REVISED REGULATION: Section 120-05-02H.

EPA Evaluation

EPA has evaluated Virginia's SIP revision request and has concluded

the following: (1) The GEP stack height requirements will not adversely

affect Virginia's ability to enforce the currently applicable emission

limits which adequately protect the national ambient air quality

standards (NAAQS); (2) the GEP stack height requirements are clearly

enforceable; and (3) the applicable requirements of 40 CFR part 51 have

been met. A more detailed evaluation is provided in a Technical Support

Document available upon request from the Regional EPA office listed in

the ADDRESSES section of this document.

Final Action

EPA is approving Virginia's GEP stack height provisions submitted

on May 16, 1986 as a revision to the Virginia SIP.

The Agency has reviewed this request for revision of the Federally-

approved State implementation plan for conformance with the provisions

of the 1990 amendments enacted on November 15, 1990. The Agency has

determined that this action conforms with those requirements

irrespective of the fact that the submittal preceded the date of

enactment.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by

an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant

Administrator for Air and Radiation. The OMB has exempted this

regulatory action from E.O. 12866 review.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by October 24, 1994. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action approving Virginia's GEP stack height

regulations may not be challenged later in proceedings to enforce its

requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Reporting and recordkeeping

requirements, Sulfur oxides.

Dated: August 4, 1994.

Peter H. Kostmayer,

Regional Administrator, Region III.

40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart VV--Virginia

2. Section 52.2420 is amended by adding paragraph (c)(91) to read

as follows:

Sec. 52.2420 Identification of plan.

* * * * *

(c) * * *

(91) Revisions to the State Implementation Plan for the good

engineering practice (GEP) stack height requirements submitted on May

12, 1986 by the Virginia State Air Pollution Control Board:

(i) Incorporation by reference.

(A) Letter of May 12, 1986 from the Executive Director, Virginia

State Air Pollution Control Board, transmitting the revised good

engineering practice (GEP) stack heights requirements.

(B) Revised Regulations 120-01-02 (Revised definitions of

dispersion technique, elevated terrain, Excessive Concentrations, GEP

Stack Height, Nearby, Stack, Stack in Existence), 120-04-02I, and 120-

04-02H of the Virginia Regulations for the Control and Abatement of Air

Pollution, adopted April 7, 1986, and effective June 6, 1986.

(C) Deletion of the following definitions from Regulation 120-01-

02: Elevated Terrain, Plume Impaction

(ii) Additional material.

(A) Remainder of the official State submittal, transmitted on May

16, 1986.

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[FR Doc. 94-20636 Filed 8-22-94; 8:45 am]

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